Marks v. Rochester Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 27,1894, which reversed an order granting a new trial and ordered judgment on a verdict in favor of plaintiff. This action was brought to recover damages for injuries received by plaintiff through the alleged negligence of defendant, a street railway corporation.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 27,1894, which reversed an order granting a new trial and ordered judgment on a verdict in favor of plaintiff. This action was brought to recover damages for injuries received by plaintiff through the alleged negligence of defendant, a street railway corporation. The plaintiff, at the time a boy of eleven years and four months of age, was run over by one of the cars of defendant upon St. Joseph street in the city of Bochester, 1ST. Y., upon the 23rd day of February,…
1Opinion of the Court
Andrews, Oh. J.
On the first trial the jury disagreed. The plaintiff on the second trial recovered a verdict for $7,000, which the trial judge subsequently set aside for what he regarded as his own error in refusing a non-suit. On appeal from the order setting aside the verdict, the General Term reversed the order and directed judgment on the verdict, which was entered, and this appeal is brought by the defendant from the order of the General Term and the judgment pursuant thereto. The complaint alleges that the plaintiff was engaged in assisting in the management of the car under the…
2Cited by25 opinions
- Baltimore & Ohio Southwestern Railroad v. BurtchSupreme Court of the United States · 1924
- Aga v. HarbachSupreme Court of Iowa · 1905
- Brownell v. MooreheadSupreme Court of Oklahoma · 1917
- Booth & Flynn v. PriceSupreme Court of Arkansas · 1931
- Fiesel v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1908
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